An article in the September 22 issue of Part B News, “Failed restrictive covenant case signals a warning to practices,” discussed a recent New Jersey case in which a practice sued to enforce a restrictive covenant against a physician whose employment it had terminated. Rivkin Radler’s Tamika Hardy was quoted in the article.
Tamika said that “employers need to move away from restricting how and where people work; they need to focus instead on their business interests — patient lists, referral lists and vendor lists. They should focus more on non-solicitation of the things that make your business unique and profitable.”
She added, “I try to get my clients to ask themselves, what is the legitimate business interest that you are trying to protect [with this covenant]? Everything you put in this agreement should be geared toward protecting that.”
The entire article is a must-read for any healthcare practice that has employees. Don’t miss Tamika’s tips at the very end.
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